- 1 - NC: 2025:KHC-D:1386 CRL.P No. 103578 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103578 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. GIRISH S/O. SHIVARAYAPPA SHETASANADI AGE. 34 YEARS, OCC. GRAM SAHAYAKA, R/O. HIREANAJI, TQ. BYADGI, DIST. HAVERI-581 106. 2. BUDANASAB N. KHAWAS AGE. 38 YEARS, OCC. VILLAGE ACCOUNTANT, R/O. SUDAMBI VILLAGE, TQ. BYADGI, DIST. HAVERI-581 106. 3. PRABHAKAR M. DODDAMANI AGE. 45 YEARS, OCC. REVENUE INSPECTOR, R/O. KAGINELE VILLAGE, TQ. BYADAGI, DIST. HAVERI-581 106. …PETITIONERS (BY SRI. GANAPATI M. BHAT AND SRI. MOHANKUMAR M., ADVOCATES) AND: 1. BASAVANTAPPA S/O. ADIVEPPA DADDIKOPPA AGE. 76 YEARS, OCC. HIREANAJI, TQ. BYADAGI, DIST. HAVERI-581106. 2. THE STATE OF KARNATAKA BY ITS PSI, RANEBENNUR RURAL POLICE STATION, R/BY S.P.P., HIGH COURT OF KARNATKA, DHARWAD BENCH, DAHRWAD-011. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R2; NOTICE TO R1 IS SERVED) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:16:24 +0530 - 2 - NC: 2025:KHC-D:1386 CRL.P No. 103578 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, ALLOW THE CRIMINAL PETITION FILED U/S 528 OF BNSS, 2023 AND SET ASIDE ORDER DATED 07.08.2024 IN CRL.R.P. NO.132/2022 PASSED BY THE COURT OF 2ND ADDL.DISTRICT AND SESSIONS JUDGE, RANEBENNUR (DISMISSED FOR NON-PROSECUTION) AND RESTORE THE CRL.R.P.NO.132/2022 ON THE FILE OF COURT OF 2ND ADDL.DISTRICT AND SESSIONS JUDGE, RANEBENNUR, FOR THE OFFENCE PUNISHABLE U/S 166, 167, 408, 417, 418, 465, 468, 504, 506, 419 R/W 34 OF IPC, PETITINERS/ACCUSED NO.1 TO 3 ARE CONCERNED, FOR PASSING ORDER ON MERITS OF THE CASE AS PRAYED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners are being prosecuted for offences punishable under Sections 166, 167, 408, 417, 418, 465, 468, 504, 506, and 419 read with Section 34 of the Indian Penal Code (IPC). 2. The petitioners filed an application under Section 239 of the Code of Criminal Procedure (CrPC) seeking discharge from the alleged offences. 3. The Trial Court, after hearing the arguments of the learned counsel for the parties, dismissed the application. Aggrieved by this, the petitioners filed a revision petition under Section 397(1) of the CrPC before the learned Sessions Judge at Ranebennur. However, despite being granted sufficient opportunities, the petitioners failed to address their arguments. Consequently, the learned Sessions Judge dismissed the revision petition for want of prosecution. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.2–State. - 3 - NC: 2025:KHC-D:1386 CRL.P No. 103578 of 2024 5. A perusal of the order sheet indicates that the petitioners were granted ample opportunities to address their arguments but failed to do so. The petitioners contend that they have a strong case on merits for discharge from the alleged offences. Denying them an opportunity to argue the revision petition would deprive them of their right to seek discharge from prosecution. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned order dated 7.8.2024 passed in Crl.RP No.132/2022 by the learned II Addl. District and Sessions Judge, Ranebennur is hereby set aside, and the criminal revision petition stands restored to its original file. iii) The petitioners are directed to address their argument on the next date of hearing, failing which, the learned Sessions Judge to proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 2 Sl No.: 8